Vote: held

Item Text

44. LIMITED PERMISSION TO TESTIFY FOR WADE SWANSON Approve and consent to allowing Mr. Wade Swanson to testify as a witness in any Arizona State Bar proceeding that may be initiated against Ogletree, Deakins, Nash, Smoak & Stewart, P.C or its lawyers or to testify as a witness in the arbitration and litigation involving Ogletree, Deakins, Nash, Smoak & Stewart, P.C. or its attorneys. This consent is limited and restricts Mr. Swanson’s testimony to that involving the litigation history regarding Ogletree's representation of county entities and constituents as set forth in public filings and communications to third parties for which Mr. Swanson provided legal counsel for Maricopa County, as recently requested by counsel for the County and/or may be requested by State Bar counsel. This limited permission to testify does not waive the attorney-client privilege as to any past, present or future representations of the County by Mr. Swanson and such permission is only for the limited purpose of providing limited testimony involving the litigation history regarding Ogletree's representation of county entities and constituents as set forth in public filings and communications to third parties relevant to any disciplinary proceeding or arbitration or litigation involving Ogletree, Deakins, Nash, Smoak & Stewart, P.C or its attorneys. Such waiver by Maricopa County for this limited purpose shall not waive the attorney-client privilege for any other purpose or proceeding. Similarly, such waiver does not waive any confidentiality obligations under the Rules of Professional Conduct or confidentiality requirements imposed by law regarding discussions held in executive sessions. Discussed in executive session on May 29, 2012. (C-75-12-014-6-00)